Types Of Terms

Question 1

Type of term

Answer 1

Dictates the type of remedy or resolution to which the injured party is entitled

Question 2

A condition

Answer 2

Term that is fundamental in carrying out the purpose of the contract
Breach of a condition give the injured party the right to reject the contract
Pouyssrd v spicer and pond 1876

Question 3

Pouyssrd v spicer and pond 1876

Answer 3

P was hired as a lead actor in opera
Taken ill and couldn’t perform so her role was permanently given to an understood
P sued for breach of contract

Question 4

A warranty

Answer 4

Term that is descriptive
Breach of warranty allows a claim of damages for any loss
Bettini v gye 1976

Question 5

Bettini v gye 1976

Answer 5

Singer contracted to perform at a series of concerts and six days of rehearsals
Failed to attend some rehearsals
Singer rewarded damaged for loss of earning for breach of contract

Question 6

Innomimate term

Answer 6

Neither a clear warranty nor a clear term
Decided by courts depending on the level of injury following a breach
Hing kong fir shipping co Ltd v Kawasaki kisen kaisha ltd